LAWS(MAD)-2010-11-386

PAVUNAMMAL Vs. STATE OF TAMIL NADU

Decided On November 18, 2010
PAVUNAMMAL Appellant
V/S
STATE OF TAMIL NADU, REP. BY ITS SECRETARY Respondents

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the second respondent in No.376/2010 dated 28.6.2010, whereby the grandson of the petitioner viz. Appu @ Appuraj was ordered to be detained under the Act 14 of 1982 branding him as "Goonda".

(2.) THE Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel added further that in the report made by the Sponsoring Authority, it is stated that the detenu was arrested in the ground case in Crime No.464 of 2010 at 1415 hours, but the remand report would further read as if the detenu was sent for judicial remand at about 14.00 hours, which is not possible. Apart from this, in the Tamil version of the remand report, it is stated as if the detenu was produced at 16.30 hours before the Court for judicial remand. There are vital discrepancies. Hence, a clarification should have been called for by the Detaining Authority, but not done so. On these grounds, the detention order has got to be set aside.